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GEORGIA JOURNALS MESSENGER,
J. W. BI'KKE & CO., Proprietor*.
ABBESB,l wllori .
8. HOSE,
MACON, TUESDAY, FEB. 2, 1869
•I IIE NEXT BUSINESS IX ORDER.
When the Legislature gets through with
the Bullock-Angier matter, we suggest
that it turn its attention to stopping some
other leaks. There is too much money
paid for legislating. It costs the people a
great deal more than it comes to. Niue
dollars a day is too high, these hard
times. The members know it, t x). They
may be sure the people do, if they don’t,
and that they will have something to say
about itat the next election. That amount
is almost double what is paid in any other
State in the Union —three times as much
as is paid in New York We see no reason
why the article should be worth three
times as much in Georgia, as it is in New
York. Atlanta may be a very expensive
place to live in, hut certainly -not more so
than Albany. Now, as to clerk hire:
That costs entirely too much. There has
never been a day since the Legislature
met when work could have been found
for twenty-live clerks, or the hall of them,
in either House. We have been one of
that honorable fraternity ourself, aud
know what we are talking about. No
doubt it is very praiseworthy aud clever,
and all that, to give places to good fellows
who worked hard for successful candi
dates, but then it costs too much money.
The people foot the bills, and they, very
naturally, don’t care a continental about
such services. They are only interested
in getting their work done in the cheapest
and most expeditious manner. With the
pledges and promises of this or that
official, they have nothing to do, except to
protest against their pockets being tapped
to make them good. Think of twenty
five clerks in the House, and twenty
live in the Senate, and costing $45,§52,
when New York can only find work for
nine!
Gentlemen of the Legislature, the thing
is monstrous, and you owe it to your con
stituents to straightway rectify it. Don’t
pitch into the clerks, though, without
first mortifying your own flesh. Don’t
make a tremendous smoke aud fuss about
extravagance in other departments, and
under its cover retain your present ex
travagant per diem. The way to prove i
your sincerity is to reduce your own pay
first, and then set out on the retrench
ment crusade. We tell you, the people
will not., and ought not to stand it. It is
a wrong to them, aud a shame to you,
which you will, if you are actuated by
right motives, be swift to correct.
A CONSOLATION THAT WILL XOT FAIL.
Geueral Cullen A. Battle, a very dull
but ambitious politician, a soldier who
won honorable renown in tbe late war
lias wearied with waiting for official
emoluments and political distinction, aud
aligned himself with the miserable horde
of vagrants aud adventurers who oppress
Alabama, under the name ami style of the
Republican Party. The Mobile Register
devotes a long and scathing editorial to
the conduct of Bice, McKiustry, White
and Battle, the quartette who have re
cently joiued the enemy. We much re
gret that our space will not permit of the
reproduction of the entire article, which
is douo up in the best style of tbe accom
plished editor of that sterling journal.
Wo give tbe concluding paragraph, as
follows:
“In tbe presence of these examples of
weakness aud defection we have one no
ble consolation—leaders may run after
false gods ol idolatry, lured by their power
to give aud to promote; but they will not
and cannot carry the people with them
the people who feel the chains of oppress
ion, but do not scent the odors of the vic
tors’ llesll pots.”
jon n Forojrtw ir, iJgnt, and has pointed
out the cousolation that must come to alj
in a moment of mortification, at the de
fection of tried and trusted men. When
Longstreet stepped from the head of the
old corps that had made his name immor
tal, into the ranks of Radicalism, not a
man wavered on tlie line. Battle, Rice,
McKiustry, White, and other sub lieuten
ants, may abandon honored obscurity for
shameful notoriety, but the rank and file
of tlie men who won the triumphs of a
revolution with their bayonets, aud have
suffered all the consequences of its failure,
will stand to the eud true to principle and
people.— Columbus Sun.
HILL 0\ IILOIMiKT.
The Chronicle and Sentinel is authority
for the following cruel joke upon Blod
gett, recently perpetrated by Senator
Joshua Hill: It seems that Blodgett had
been giving reasons, uuder oath, to the
Reconstruction Committee, why Georgia
should be put back uuder military govern
ment ; and, among other things, said that
lie was forced to leave Augusta on the day
of the municipal election, else he would
have been murdered. Shortly after this,
a prominent Radical Senator on this Com
mittee met Senator Hill, and after relating
to him Mr. Blodgett’s testimony, asked
him, as a Georgian, and one acquainted
with the state of feeliug in his State, if it
was true. Mr. Hill replied, that “he bt
lieved there was an ordinance iu force in
Augusta which directed, that at a certain
period of the year, all dogs found in the
street without a muzzle, should be shot;
that during those months, and only then,
would Mr. Blodgett’s life'be iu danger in
that city.”
THK LATE MASSACRE l»\ NBW; ZEALAND
CAWIU VLS.
The New Zealand correspondent of the
York Tribune says of the late mas
sacre by caunibals, that the heads and
limbs of the murdered victims were chop
ped oIF, their bodies ripped up, while the
tattooed savages eagerly drank the blood
of the palpitating corpses, aud the burn
ing of the women’s bodies finished the
horrors of the drama. Thirty-four of the
colonists aud large numbers of the natives
were cruelly butchered. The savages who
committed this butchery were prisoners
taken during the late war, and sent to
Chatham Island for confinement, but had
managed to elude the vigilance of their
keepers, and some months ago escaped.
+ ♦ »
Correction.— The concluding para
graph of Judge Waruer’s opinion dissen
ting from the decision of his associates on
the Supreme Bench with reference to the
constitutionality of the Relief law, was so
badly botched, yesterday, that we repro
duce it to-day. The types made him say
he was willing to “embalm himself in his
own infamy,” when, in reality, his decla
ration was just the reverse. The reader
understood, of course, from our notice of
the decision what his idea was, but we
prefer to quote him exactly. His language
in conclusion was as follows :
In view of the obligations imposed upon
me to support aud maintain the integrity
of the Federal Constitution, which de
clares that “no State shall pass any law
impairing the obligations of contracts,”
aud not entertaining the least doubt that
the act of 1868, according to the decisions
of the Supreme Court of the United States,
is a palpable violation of that instrument,
lam unwilling to embalm myself iu my
own infamy upon the records of this court
as a debauched Judicial officer, in bojdiug
that act to be constitutional; therefore I
dissent from the judgment of the court.
—The proposed East river bridge will
cost JSew York $30,000,000.
| HOW TO RILL TUB CATERPILLAR FLY.
We find in an exchange, without credit,
a notice of a meeting recently held by tbe
planters of Opeloasus, Louisiana, to hear
reports of committees previously appoin
ted and to concert further measures for
the destruction of the caterpillar fly. The
plan reported was, that fires should be
made twice a week, on every Wednesday
and Saturday, and oftener if practicable,
by everybody aud everywhere. The fires
are to be made small, so made as to create
| as much blaze and as little heat as possi
ble—on an elevated position, if practica
ble, and at a distance of two hundred and
fifty yards. Old shingles, branches, tal
low aud cotton, and weeds were the com
bustible material recommended.
Tbe report also recommended, as the
larvae of insects are found in the fields the
grouud should be ploughed as early as
practicable, so as to submit it to the frosts
of winter, aud that corn and cotton stalks,
and all vegetation capable of sheltering the
larvse, should be burnt.
Dr. Boagin delivered the address, in
which lie said that plautersbad the policy
of securing exemption from the ravages of
the worm, in the simple fact that the fly
produces the caterpillar—that the fly is at
tracted by light, aud that fire destroys it.
He recommended that the fire3 be mad j
an amusement to the young folks, and
that they should not be continued too late
at night.
Commencing at dark, they might be
kept up until nine or ten o’clock. Also,
that a person might usefully go about ou
horseback with a lighted torch, to start
the flies toward the fires. As long as the
cotton lly does not appear in force, the
fires should be lighted twice a week ; oth
erwise, it would be well to light them
every night. Failure will be almost cer
tain, it was thought, if the fires were too
large. In that case the flies will be started,
but would fail to reach tbe fire on account
of the surrounding btated air.
A friend of Dr. Boagin’s, during tire
prevalence of fevers last fall, lighted nu
merous fires. He had planted cane aud
tobacco. All sorts of insects were burnt,
and at this date, although be has gathered
one crop of tobacco, and the second is
shoulder high, be has not seen a worm in
it. Years ago, a Louisiana planter tried
fires to destroy but he made
his fires too large, attracted flies
from all quarters, which foiled to reach
the fires on accouutgf the heated air ; aud
they took refugeju his field and genera
! ted caterpillars in untold aumbers, and his
crop was most thoroughly dbstpoyed.
The importaitce.of destroying the fly is
thus calculated: One fly of to-day will be
reproduc«4.by 250,000 on the 13th of Au
gust; then by 125,000,000 on the 13th of
September; then by 62,500,000,000 on the
13tii of October.
It was believed by intelligent planters
that the fly system * of destruction would
succeed, and that tha^ originators of it
would be regarded befoce long as the re
generators of the fortunes of the South.
MRS. LINCOLN ASKS FOR MORE.
On Monday last the*President of tbe
Senate laid before that body the following
letter from Mrs. Lincoln. It may interest
the curiouain such matters, to know that
it “ was written upon note paper, with a
heavy‘mourning border,”
Oue must conclude from this pathetic
appeal that the old clo’” speculation
was a failure, as she declares her inability
to “live in a style becoming'the widow of
the Chief Magistrate of a great nation.”
Plain people with old fashioned ideas are
by no means certain that peddling old
clothes, as she did in New Y T ork, was “ be
coming in the widow of the Chief Magis
trate of a great nation,” either:
'To the Honorable Vice-President of the
United Slates :
Sir:— l herewith most respectfully pre
sent to tile honorable Senate of the United
States, au application for a pension. lam
a widow of a Presideut of tbe United
States, whose life was sacrificed in his
country's service. That sad calamity has
very greatly impaired my health, aud by
the advice of my physicians I have come
over to Germany to try the mineral waters,
and during the winter to go to Italy. But
my financial means do not permit me to
take advantage of the urgent advice giveu
me, nor can I live in a style becoming the
widow of the Chief Magistrate of a great
nation, although I live as economically as
I can. In consideration of the vreat ser
vices my deeply lamented hu-baud has
rendered to the United States, and of the
fearful loss I have sustained by his un
timely death —his martyrdom, 1 may say
—1 respectfully submit to your honorable
body this petition. Hoping that a yearly
pension may be granted me, so that I may
have less pecuniary care, I remain,
Most respectfully,
Mrs. A. Lincoln.
Frankfort, Germany.
The petition was referred to the Com
mittee on Pensions.
i’OLLAKD SWALLOWS THE “IRON CLAD.”
VVe have had a good deal to say at one
time and another concerning this some
what notorious person and his claims,
both as historiau aud friend to the South.
Henceforth, however, he must be allowed
to drop out of the range of notice by
Southern journalists. The following state
ment places him where he properly be
longs, and renders auy effort to correct
his statements as those of a man friendly
to the Southern cause during the war,
entirely unnecessary. It is from the
Washington Republican, a Radical pa
per:
A few days ago Hon. C. H. Van Wyck,
Chairman of the House Committee on
Reconstruction, addressed a letter to Sec
retary McCulloch, inquiring relative to
the employment of E. A. Pollard in the
New York Custom House. The Secre
tary replied that Pollard had been ap
pointed by Collector Smythe, and that
the appointment had been endorsed by
the Treasury Department. The Secretary
also enclosed to Mr. Van Wyck a letter
from Collector Smythe upon the subject.
Mr. Smythe says that the appointment
was made uuder the name of E. M. Pol
lard, and adds that Pollard’s own impor
tunities, and the fact that good recom
mendations aud great influences were
brought to bear, secured him the position.
Pollard qualified according to law, aud by
taking the iron clad oath. As soon as it
was discovered who the appointee really
was, he was dismissed from his position.
Elopement in High Life—A Brook
lyn Sensation.— The quiet neighbor
hood of Plymouth Church aud Brooklyn
Heights was thrown iuto excitement on
Saturday by a genuine sensation—an
elopement in high life. The principals
are the wife of a cotton broker in Broad
street, New York, and the son of a wealthy
grain merchant of Chicago. The woman
was a Baltimore belle, but made, as it ap
pears, of bad metal. About eighteeu
mouths ago she was wooed aud won, and
was married at her father’s house. The
couple boarded awhile in New York, but
tiring of this kind of living they hired
a house on Hicks street, Brooklyn,' where
they res ded very comfortably and hap
pily, visiting aud being vi-ited by friends
from all quarters.
Among the visitors was Mr. T , an
intimate friend of the husband, who
treated him as a brother. After repeated
calls, Mr. T found his attachment
to his friend’s wife and his love for her
society growing warmer, and asth ; sequel
shows, she geuerously reciprocated. The
faithful husband doubted not his wife’s
fidelity nor his frieud's integrity until he
read the following note, left on his table,
on Saturday afternoon :
“Saturday Morning.
l ‘Jiear Charlie: —I must to-day bid you
good-bye forever. To-day I leave your
house, never again to return. 1 cannot
help it. For a long time I have loved Ja
in my heart, aud I ku >w he loves me.
When this reaches you I will be on my
way across the sea. Your ouce loving
Terese.”
The husband at once made inquiries at
several of the steamship offices, and ascer
tained that his wifeand her paramour had
sailed for Europe on the City of Antwerp.
The wife took with her jewelry valued at
SIO,OOO, aud a number of other valuables,
and about $30,000 in money.—.A 7 . Y. &un.
GEORGIA JOURNAL AND MESSENGER.
GEORGIA LEGISLATURE.
fFrotn the Atlanta Intelligencer.]
Thursday. Jan. 28, 1869.
Senate. —The Senate met this morning
pursuant to adjourumeut —Mr. Wooten
presiding. Opened with prayer by the
Rev. Mr. Bowers.
Journal of yesterday was read aud ap
proved.
Mr. Nuunally—To reconsider the ac
tion of the Senate yesterday, relative to
the bill of Mr. Penfield. He wished the
time for the action on the bill changed.
Withdrawn.
Mr. Spe**r—That a seat on the floor be
tendered Hon. Dr. Miller Passed.
BILLS READ FIRST TIME.
To fix fees of Notary Publics, aud for
other purposes.
To amend an act to change the time for
holding Superior Courts iu Coweta Cir
cuit.
To authorize the Governor to make con
tracts with certain railroads in this State,
relative to convicts.
To protect the lives of citizens of this
State.
To abolish the liens on certain judg
ments.
RESOLUTIONS.
Mr. Richardson—That seats be furnished
reporters for nil papers. Adopted.
Mr. McArthur —That a committee of
three he appointed, consisting of one
from the Senate aud two from the House,
to inquire if the terms made by the Gov
ernor with Messrs. Alexander, Grant &
Cos., relative to the hiring of convicts, are
being complied with, and if the convicts
are being humanely cared for. Tabled.
Mr. Candler —That a committee heap
pointed composed of two members of the
Senate and three members of the House,
charged with the duty ofinquiring wheth
er since the adjournment of the last ses
sion of the General Assembly any original
acts passed by the General Assembly have
been taken from the office and care of the
Secretary of State,and by whom taken,orby
whose direction and what disposition was
made of the said acts ; whether any money
has been drawn from the Treasury except
by appropriation made by law, if so, bow
the same was drawn, and the amouuts so
drawn; whether any money has been
drawn ou Executive warrants for which
there was no authority of law, how much
so drawn, aud for whose benefit drawn ;
whether any amouuts have been drawn
from the Treasury to pay salaried officers
of the State for services reudered in their
offices more tbau the salaries fixed by law,
if so, the authority which the same was
drawn, and in whose favor they were
drawn. Whether any amouuts have been
drawn from the Treasury uuder state
ments of incidental expeuses, contingent
expenses, extra service, stationery, aud if
so, the authority for such drafts being
made.
Resolved, That thecoimnitteeappointed
under the first resolution he directed to
enter at once upon the duties specified,
and in order to ensure a full, faithful, and
satisfactory investigation of the same* the
committee have power to send for persons
aud papers, aud after such investigation
report the same to the General Assembly.
Mr. Candler—That this resolution be
transmitted forthwith to the House.
Passed.
The President appointed Messrs. Can
dler and Merrell the committee.
BILL ON THIRD READING.
Mr. Nunnally—To incorporate the Com
mercial Banking Company of Griffin.
Laid on the table for the present.
BILL READ FIRST TIME.
Mr. Smith, of the 7th—Authorizing
county officers in this State to publish
notices and-advertisements in the news
paper or gazette haviug the largest circu
lation, and published within sixty miles
of their respective ortices ; and empower
ing the several Ordinaries of this State to
issue cost executions against all executors,
administrators, trustees, and their seceri
ties.
BILLS ON THIRD READING.
Mr. Graham—To change the time of
holding the Courts of Appling, Ware,
Clinch, Wayne, Coffee, and Echols.
Passed.
Mr. Wellborn—To amend au act to alter
an act to regulate the fees of Solicitor
General. Passed.
Mr. Merrell—To incorporate the Mutual
Aid Company of La Grange. Passed.
Mr. McWhorter—To define the liabili
ties of Sheriffs and other ministerial
officers. Amended and passed.
Mr. Richardson—To amend the laws
relative to dower. Passed.
HOUSE BILLS.
Mr. Smith—To repeal the sixth section
of the Atlanta Medical College. Passed.
Joint resolution to authorize an appro
priation for the education of maimed
soldiers. Report agreed to.
The Senate adjourned.
House.—The House met pursuant to
adjournment, at 10 a. m. Prayer by the
Rev. Mr. Crumley.
Mr. Scott, of Floyd, having the floor at
the hour of adjourumeut yesterday, con
tinued his remarks in opposition to the
resolution introduced by Mr. Price, which
resolution referred to the investigation of
lawlessness in certain counties, and ask
ing the appointment of a special commit
tee for that purpose.
Mr. Price followed Mr. Scott, in de
fence of his resolution, thinking that the
matter should he referred to a special
committee.
The following is the resolution of Mr.
Price :
Whereas, Reports have been received
to the effect that there exists in various
localities in this State, and more especially
in the counties of Taliaferro and Warren,
bodies of lawless aud reckless men, roam
ing over at night, visiting the houses of
peaceable citizens, threatening tbe lives
of both whites and blacks, searching cars
for persons supposed to be obnoxious to
them, thus disturbing the peace and tran
quility of the community ; and whereas,
there is power in the civil authority of
the State sufficient, in the opinion of this
General Assembly, to preserve order and
protect individuals and property ; be it,
therefore,
Resolved, By the Senate and House of
Representatives, that a committee of one
from the Senate and two from the House
be appointed to visit those sections where
disorder is reported, or send for persons
and papers if necessary aud investigate the
facts iu relation to these reported disturb
ances, and report to the Geueral Assembly
what proceedings should be instituted to
suppress tbe same, if in their judgment it
should he deemed necessary, aud, further,
Resolved, That should said committee
find the reports of lawlessness to be true,
they will report to this Geueral Assembly
why the power invested iu the civil offi
cers of those couuties have not been exer
cised to suppress the same.
Mr. Shumate spoke in favor of Mr.
Price’9 resolution, and called the previous
questiou, which was sustained.
The resolution was again read, the yeas
and nays were called for, aud the call sus
tained —yeas 77, nays 55, So the resolu
tion was adopted.
On motion of Mr. Saussey, the rules
were suspended to take up the Senate bill
providing for the drawing of juries iu
Chatham county.
Mr. Sissiou, Chairman of the Committee
on Printing; made a report, embracing a
proposition from Mr. Cooper to print
three thousand copies of the legislative
proceedings for fifty cents per copy, and
moved that Mr. Cooper’s proposition be
accepted. The report was laid on the
table.
The committee appointed to investigate
the claims of an Agent for Sharpe’s Rifle
Manufacturing Company, made a report
stating that Georgia was honorably bound
to pay the claim and recommending the
payment. Report taken up and referred
to the Committee on Judiciary.
Mr. Shumate—A resolution advancing
twenty-five hundred dollars to J. W.
Burke, State Priuter for 1868. Rules sus
pended and resolution adopted, and trans
mitted to the Senate.
BILLS ON THIRD READING.
A bill providing for the election of jus
tices of the peace and coustables iu this
State. Passed aud transmitted to the
Senate.
A bill amending section 3761 of the Code
of Georgia, also section 3814. Passed.
A bill amending the garnishment law 7 of
this State. Passed.
A bill authorizing Clerks of the Supe
rior Courts to bring up the unfinished
business of the Inferior and County Courts.
Passed.
A bill to carry into effect an act appro
priating money to the Slate Agricultural
Society. Lost.
Mr. Saussey gave notice that he would
move the reconsideration of this bill iu
the morniug.
A bill requiring the Superintendent of
the Western and Atlantic Railroad to
charge uniform rates on freight and pas
senger trains. Lost.
A bill preventing stock trespassing on
the lands or crops of others. Recommit
ted to Committee on Judiciary.
A bill preventing obstructions being
placed in certain creeks in Wilcox and
Pulaski counties. Passed.
A bill repealing au act creating liens on
steam saw mills for timber furnished. —
Lost.
A hill for the eucouragement of agricul
ture iu this State, giving good credit to
planters aud spevittc liens on their crops
to merchants. Recommitted to the Com
mittee ou Judiciary.
A hill amending the charter of the Ma
con & Western Railroad, increasing its
capital stock to two million dollars. Passed
and transmitted to the Senate.
Mr. Barclay gave notice that he would
move tlie reconsideration of the hill re
ferring to liens on steam saw mills
A bill changing the lines between the
counties of Berrien and Irwin. Passed.
A hill incorporating the Americus Man
ufacturing Company, making the capital
stock one million of dollars. Passed and
transmitted to the Senate.
A bill remitting the tax ofStewartcoun
ty for 1869, for the purpose of building a
jail. Tliis is a reconsidered bill. Laid on
the table
The rules were here suspended to take
up a resolution from the Senate, appoint
ing a joint committee to investigate ex
penditures from the public Treasury since
last session. Adopted.
Mr. Anderson —A resolution making
two sessions per day for the House after
Monday next.
Previous questiou called for aud sus
tained. Rules were not suspended.
Mr. Scott, of Floyd—A bill incorporat
ing the Vann’s Valley Manufacturing
Company, Ist reading; also, a bill incor
porating the Etowah Canal and Water
Works Company, Ist reading.
A bill amending section 4,813 of the
Code of Georgia, Ist reading.
A bill to incorporate the town of Kings
ton in the county of Bartow, Ist reading.
Mr. Anderson —A resolution authorizing
the Clerk to appoiot such sub-clerks as
may he necessary. Rules suspended, and
resolution adopted.
House adjourned.
Friday, January 29, 1869.
Senate. —The Senate met this morning
pursuant to adjournment, and wa'S opened
with prayer by Rev. Mr. Adams
The Secretary read the journal of yes
terday.
Mr. Speer moved that the resolution of
Mr. McArthur be reconsidered, aud
amended the resolution —That a commit
tee of oue from the Senate and two from
the House, he appointed to inquire into
the terms of the contract of the State with
Messrs. Grant, Alexander & Cos., aud other
parties, for the employment of peniten
tiary convicts; whether the convicts are
humanely treated, and the terms of the
contract complied with.
Reconsidered, and referred to the Com
mittee on Penitentiary.
A message yesterday from the House
auuouuced that a hill had passed that
body, to appoint a committee to visit sec
tions where disorder is reported to prevail,
and investigate the same, and report what
proceedings should be instituted. Senate
concurred.
Mr. Huugerford was appointed from the
Senate.
BILLS ON THIRD READING.
A bill changing the time of holding the
Superior Court of Bryan Count.y Passed.
To authorize agents aud attorneys at
law to make oath to pleas in certain cases.
Passed.
To designate who are liable to road duty.
Passed.
To amend section 3,651 of Irwin’s Code.
Lost. Also, to regulate fees of Clerks of
Superior Courts in certain cases. Lost.
Also, to fix fees of Ordinaries iu certain
cases. Lost. Also, to fix fees of Sheriffs
in certain cases. Lost. Also, in relation
to take down evidences in certain cases, in
phonography. Passed.
To create the oflice of State Geologist,
and define the duties of the same. Lost.
To protect planters iu the sale of fer
tilizers. Passed.
To create the office of State Geologist
and define the duties of the same; how
elected, and salary. Laid ou the table.
To punish parties for removing partner
ship fences. Laid ou the table.
Also, a hill changing the time of hold
ing the Superior Courts of Clay. Passed.
Also, a hill iucorporating the North
Georgia Mining Company. Passed.
The rules were here suspended to hear
resolutions.
To tender a seat on the floor of the Sen
ate to Dr. Greene, of the Lunatic Asylum.
Passed.
HOUSE BILLS ON THIRD READING.
To authorize the Ordinary of Stewart
county to draw his warrant on the Treas
ury of said county for fees due officers of
courts —amended, provided they do not
extend beyond June, 1865. Laid on the
table for the present.
A bill creating a State Geologist, defin
ing his duties, and salary of the same, was
taken from the table, aud referred to the
Judiciary Committee.
A RESOLUTION.
That a seat on the floor Ue tendered Hon
Joshua Hill. Passed.
BILLS ON FIRST READING.
To amend section 789 of the Code of
Georgia.
To amend an act relative to parties
having claims agaiust the Nashville &
Chattanooga Railroad.
To amend section 889 of Irwin’s Code.
To incorporate the Georgia Male and
Female Life Insurance Company.
To createa new county from Troupe and
Harris, called Winsted.
To amend the act incorporating the city
of Grifiin, relative to voters.
To change street in Dawsonville.
RESOLUTIONS.
Mr. Speer—That tbe Committee on the
State of tlie Republic take into consider
ation the extension of the right of suffrage
to females in this State.
Mr. Holcombe—That Mrs. Stowe be
sent for to instruct the committee.
Mr. Huugerford—An amendment that
Horace Greeley be requested to come be
fore the Committee on the State of the
Republic, and address them on the sub
ject of female suffrage.
Mr. Brock thought the right of suffrage
sufficiently extended now. He spoke in
very complimentary terms of the women
of the State; thought them abundantly
intelligent to vote, and competent to act
for the best interest of the State; yet lie
thought the ladies did not desire it, nor
had the time come to extend the right of
suffrage to them.
Discussed bv Messrs. Huugerford, Speer,
Adkins and Brock. The resolution was
lost.
Mr. Nunnally—That the Ordinaries of
the countiesof Spaulding, Jasper, Morgau
aud Putnam be authorized to raise a cer
tain tax.
Mr. Bruton—That a committee of three
be appointed to inquire aud report what
sums of money have been paid by the
Georgia National Bank for interest on the
daily balances of the public money de
posited therein, and if any has been paid,
to whom a r 'd for whose account ; aud if
none has beeu paid, whether any is to be,
aud to whom, and for whose account.
HOUSE BILLS ON SECOND READING.
To make it penal to hunt with fires at
night in Brooks and Randolph. Com
mitted.
To build a branch road from Kingston
to Van Wert, to be the exclusive property
of the State. Referred to the Committee
on Internal Improvements.
To define the duties of Notaries Public,
Justices of the Peace, and for other pur
poses. Referred to Judiciary Committee.
To change the lime of holding courts in
the Coweta Circuit Referred to Judiciary
Committee.
To authorize the Governor to make cer
tain contracts with certain railroads, re
lative to convicts in the penitentiary. J
Referred to Committee on luternal Im
provements.
To protect the lives of citizens of this ;
gtate. Referred to the Committee on the
State of the Republic.
To abolish lien judgments in this State, i
Referred to the Committee on Judiciary.
The Senate adjourned.
House —The House met at 10 a. m. j
Prayer by the Rev. Mr. Cloud.
Journal read aud confirmed.
Mr. Barclay moved to reconsider the
bill 10-t yesterday, repealing an act crea
ting liens on steam saw mills.
Messrs. Barclay aud Hall, of Glynn,
spoke for, and Messrs. Rawls and Phillips
against a reconsideration. Previous ques
tion called for and sustained, and mo ion
to reconsider lost.
Mr. Saussey moved to reconsider the
bill appropriating money to the State Ag- I
ricultural Society. Motion to reconsider
prevailed.
Mr. Benton moved to recousider the
bill, lost yesterday, requiring the Superin
tendent of the Western and Atlantic Rail
road to charge uniform rates for freight
and passenger trains, passengers riding
on freight trains at their own risk. Pre
vious questiou called for and sustained
and the motion to reconsider lost.
Mr. Flournoy—A resolution discharg
ing at once all pages, guards, assistant
door-keepers and assistant messengers, of
the House.
Mr. Bryant opposed the resolution, and
thought the proper way to retrench a re
duction of the per diem of members.
Rules suspended, previous question call
ed for and sustained, and the resolution
adopted.
Mr. Hall, of Glynn—A resolution ap
pointing a committee of three to examiue
whether it be safe for the Legislature to
continue their sessions in the Operatic
Capitol. Rules suspeuded and resolution
adopted.
On motion of Mr. Williams, of Morgan,
a message from the Governor, embody
ing the report of the State Lunatic
Asylum was read.
BILLS ON THIRD READING.
A bill to incorporate the Desoto Manu
facturing Company, making the capital
stock two hundred and fifty thousand dol
lars. Fifth section stricken out aud the
hill passed.
A hill changing the time for holding the
Superior Court iu theShoutheru Judicial
Circuit, and providing for the drawing of
juries for the same. Passed.
A hill relieving from jury duty forty
members of the Watchful Fire Company
of Cuthhert. Passed aud transmitted to
the Senate.
Mr. Price —A resolution that the clerks,
who were employed last session, be first
sent before the committee appointed to
investigate llieir qualifications for clerical
duties.
A hill authorizing the Governor to draw
his warrant on the Treasurer, to the
amount of $4,450 to pay for artificial limbs
furnished to maimed soldiers. Passed.
A hill changing section 1,045 of Irwin’s
Code. Referred to the Judiciary Com
mittee.
Mr. Raiuey—A resolution tendering
thanks to tjiose railroads which have
giveu free passage to members of the Leg
islature. Rules suspeuded aud resolution
adopted.
A oill making it penal for owners of
billiard tables aud ten pin alleys to allow
minors to play. First reading.
A bill for the regulations of the practice
of Dentistry in this State. First reading.
A bill exempting certain citizens of
Americus from militia aud jury duty.
Passed.
A bill appropriating a fund of ten thou
sand dollars for the burial of the Confeder
ate dead.
Mr. Hudson moved to strike out ten
thousand dollars, and insert twenty-five
hundred. Motion adopted.
The yeas aud uays were called upon the
motion to indefinitely postpone the bill—
jeas 92; nays 19. So the motion to inde
finitely postpone the hill prevailed.
The Committee appointed to examine
the Operatic Capitol reported that they re
garded the building as perfectly safe. Re
port taken up aud adopted.
Mr. Hudson —A resolution requiring the
Treasurer to pay to the University of Geor
gia a sum of money for theeducation of in
digent and maimed soldiers. Rules were
notsuspeuded.
The House adjourned.
Saturday, January 30.
Senate.—The Senate met at 10 o’clock.
Tk<j Secretaiy read the journal of yester
day.
Mr. Burns moved to reconsider the re
solution of yesterday relative to investi
gating disorders in certain couuties.
Passed.
Mr. Giguilliat—To appoint a joint com
mitteeof three from the Senate and five
from the House to visit counties where
disorders prevail, and report on the same
and what proceedings had best be in
stituted.
The previous question being called,
which was Mr. Gigniiliat’s amended re
solution, it was passed.
Messrs. Huugerford, McArthur and
Wellborn were appointed on the commit
tee from the Senate.
RULES SUSPENDED.
Mr. Speer—That the thanks of the Sen 7
ate be tendered to the Superintendents of
various railroads for favors extended
members,aud seats be provided for them on
this floor. Passed.
Mr. Wellborn —Whereas, dissatisfaction
has been manifested by the Congress of
the United states with the action of the
Legislature of this State, at its first session
in reference to the expulsion of colored
members, and probably with reference to
oilier questions, of which we are not fully
apprised ; aud whereas, said Legislature
acted iu good faith, believing that it was
moving within the scope of the Constitu
tion of the United States aud of this State;
and whereas, said Legislature is exceed
ingly desirous that the State of Georgia,
w hose ajepieseu tali ves they are, should be
fully rratored tothegreatcommonwealth of
Stales uuder the Constitution of a common
country, aud, above all else, to cordial
and practical relations with the General
Government iu all of its departments;
aud whereas, they feel assured that the
great mass of the people of Georgia share
in this patriotic desire ; and whereas, they
feel aud believe that motives have been
attriouted to them by which they have
never been actuated; therefore, in order
that the Congress of the United States
may he more fully informed as to the
purity of purpose aud good faith of this
General Assembly iu all that it has here
tofore done iu reference to the vexed aud
complicated questions with which it has
had to deal, he it
Resolved by the Senate and House of Rep
resentatives in General Assembly, met, That
a Committee of three he appointed, viz:
Hon. J. E. Brown, J. R. Parrott and A.
H. Stephens, authorized aud empow
ered to proceed to Washington City, aud
to represent to the Congress of the United
States, the true State of affairs iu Georgia,
aud to ascertain what solution of our un
fortunate difficulties can he had which
will he satisfactory to that body and com
patible with our duty as sworn Senators
and Representatives.
Made special order of business for
Wednesday, and 100 copies ordered to be
printed.
Bill to incorporate the Commercial Bank
ing Company of Griffin. Passed.
HOUSE BILL.
To amend the charter of the Macou and
Western Railroad Company, allowing an
increase of capital.
BILLS ON SECOND READING.
To incornore the Georgia Male and Fe
male Life Insurance Company. Referred
to Judiciary Committee.
To add an additional paragraph to sec
tion 889 Revised Code. Referred to Judi
ciary Committee.
To amend section 789 of the Code. Re
ferred tt> Committee on Finance.
To change certain streets and alleys in
the town of Dawson ville. Committed.
To amend the act to enable parties hav
ing claims against the Nashville and
Chattanooga Railroad to perfect service.
Referred to Judiciary Committee.
To amend act incorporating the city of
Griffin. Referred to Judiciary Committee.
To authorize Ordinaries of Spaulding,
Jasper, Morgan and Butts counties to levy
a tax to pay fifty per cent, of insolvent
costs dhe officers of Court. Referred to
Judiciary Committee.
BILLS ON FIRST READING.
To define the meaning of section 3,656
of the Code.
To incorporate the town of Lumpkin.
To change the line between Irwin and
Wilcox.
To defiue boundary lines between Quit
man and Clay.
To incorporate the town of Jonesboro.
l’o authorize clerks of Superior Court to
issue executions in Inferior County Courts
when the clerks have failed to do so.
To change the lines between Marion and
Irwin.
Misdemeanor to obstruct certain creeks
in Pulaski.
To incorporate Americus Manufacturing
Company.
Ta amend section 3761 Revised Code.
To provide for Constables and Justices
of the Peace throughout the State
HOUSE BILLS ON THIRD READING.
To make it penal to hunt with fire by
night in the counties of Brooks, Floyd,
Randolph, and Thomas. Lost.
To provide for holding the Superior
Courts of Clarke and Baldwin counties,
and for providing juries for the same.
Passed.
RULES SUSPENDED.
Mr. Speer— Resolved, That a seat be
tendered Hon. A. H Stepheus on this
floor while in this city, and that the Presi
dent inform him of the same. Paised.
The (Senate adjourned.
House.— Mr. (Scott, of Floyd, moved to
reconsider so much of the journal of yes
terday as relates to the indefinite post
ponement of the bill appropriating funds
for the burial of the Confederate dead.
Motion to reconsider was lost. The call
for the yeas and nays was sustained—yeas
29, nays 71.
Mr. Harper, of Terrell—A resolution
authorizing the Btate Treasurer to receive
all outstanding Convention scripas money
due. Rules suspended, and after con
siderable discussion the resolution was
lost.
Mr. O’Neal—A resolution requiring the
Messenger to employ some orphan boy as
Page, at a salary of one dollar per day. i
Rules suspended and resolution adopted. :
Rules beiug suspended tbe following i
bills were read the first time:
A bill ameuding an act to organize a
criminal court for each county in the j
State.
A bill authorizing certain persons in
Montgomery County to remove obstruc
tions from Gum Swamp in said county.
A bill increasing the salaries of the
Treasurer aud Auditor of the \V. & A.
Railroad.
A bill to remit the tax of Bartow county
to build a jail.
A bill to authorize Ordinaries to collect
taxes from bondsmen.
A bill amending section 86 of Irwin’s
Code.
The rules were suspended to take up a
Senate billon the third reading, providing
for the drawing of grand and petit juries
in the Chatham Superior Court. Passed.
A bill defining the liabilities of Sheriffs,
and other ministerial officers.
On motion of Mr. Price, the House took
up the ameudmeut of the Senate to the
House resolution, appointing a committee
to visit Taliaferro and Warren counties
aud report the condition thereof, aud con
curred in tiie same.
A bill providing for the drawing of
grand and petit jurors. The bill was
amended by the Judiciary Committee so
as exclude negroes from sitting on ju
ries, which amendment was agreed to.
Mr. Bryant opposed the passage of the
bill, because it excludes negroes (colored
white folks) aud moved that it be re-com
mitted to the Judiciary Committee. Re
committed.
Mr. Price—A resolution appointing a
committee of three, com|>osed of A. H.
Stephens, J. R. Parrott, and J. E. Brown,
to proceed to Washington City to confer
witn Congress concerning existing politi
cal difficulties, with a view to the settle
ment of the same. Resolution made tbe
special business for Wednesday next.
House adjourned.
MATTERS AND THINGS AT ATLANTA.
A friend of the editor of the Columbus
Enquirer who has lately visited Atlanta,
gives him some information about which
little has been said in the Atlanta papers,
but which the editor thinks should re
ceive the attention of tbe people of Geor
gia. Having called attention heretofore to
the matter, we heartily agree with him,
and therefore, most cordially give these
statements such publicity as our circula
tion affords. The editor says:
Our friend iuforms us that from all that
he has learned there has been a wasteful
ness in the expenditures by the public au
thorities at Atlanta, unparalleled in the
history of the State. Commencing with
the Executive administration, he learned
that while Gov. Jenkins only had two
Secretaries, Gov. Bullock has eight or ten,
at about $l5O per mouth each; th»t though
in 1861, 1862, 1863 and 1864, (Con f derate
times, loo,)the Clerks of ihe two Houses of
the Legislature cost the people about $lB7
per day, or not exceediutt S2OO per day at
farthest, the Clerk hire during the session
that closed in October last was over SSOO
per day—the Principal Clerk in the House
and Secretary of the Senate having re
ceived $2350 each for three months, and
their Assistant" SIBBO each, the Journal
izing Clerks $1640, the Reading Clerks
$1355, and all other Clerks $9 per day ;
Clerks who were elected to Committees
that never met more than once or twice
getting several hundred dollars; anti others
elected Clerks of Committees several
weeks after the Legislature met, getting
full pay for all the season, or from the
commencement of the session to its close,
and this, too, in 'ace of the law which says
that these Clerks shall only be paid for the
days that they have actually served.
Our informant further learned that, in
addition to these things, the two Houses
of the Legislature, before it adjourned in
October, appointed a committee to ex
amine the books of the State Road at At
lanta, and that ten or twelve of the mem
bers of this committee met at Atlanta and
continued in sessioa long enough to draw
from the State Treasury near $7,000 ; and
lhat another committee, called the Re
trenchment Committee, was by mistake
or for some other cause called togetiier at
Atlanta by its Chairman, and that the pay
of this committee was between $2500 and
S3OOO.
Our informant further says that while
the Opera House is finely finished and
looks well, most of the members aud
others, in private conversation,are cursing
the two halls on account of the difficulty
in hearing what is going on, either in the
halls or in the galleries. The rooms will
have to be re-modeled. Persons can better
speak or be understood in the open air
than in either hall.
Our friend reports what all others re
port, that there is no settled conviction as
to what may be best to do with tbe negro
eligibility question. He says that the At
lanta people are trying to buy oft' the Mil-
Jedgeviile people, as to the removal ques
tion, by agreeing to go in for a high
military school to be established at Mil
ledgeviJle, with Gen. Joe Johnston at the
head of it. Home of the Milledgeviile
men have caught at this bait, but whether
their advocacy of this measure is on ac
count of their love for the Htate, or for
Milledgeviile, or for themselves, some
others of the Milledgeviile men, who
think they see “a cat in the meal tub,”
are at a Joss to determine.
Our informant further says that it is
thought that if Bullock carries his point
and gets Congress to give him control of
Georgia, by making him Provisional
Governor, that he will make some of his
lately appointed officers “walk the plank”
—that some of the Penitentiary officers,
who declined to back him up when called
on to sign a certain memorial to Congress
to reconstruct Georgia, will have to go.
The last Legislature passed a resolution
directing a map to be made for each of the
officers in the State House, at a cost, it is
supposed, of SIO,OOO to $20,000. This is
considered bysome asa most extraordinary
and useless expenditure, as these maps
could have been obtained from Mr. Butts
at Macon, for fifty dollars. Butts’ Map of
Georgia has been made and printed, and
is considered a very correct map of the
State. No new counties have been made
siuce it was issued, and iu the opinion of
many, anew map of Georgia is no more
needed than a fifth wheel to a wagon. But
there seems now to be some difficulty to
learn who is the proper person to make or
revise ihe map. The resolution says the
“Superintendent of Public Works,” shall
revise the maps, etc. But there is no such
officer known in the law. Col Frobel,
who was no doubt appointed by Gov.
Jenkins under sec. 73d of the Code to keep
the Capital grounds and o'her State
property at the seat of the government
in order, assumed to be the Superinten
dent of Public Works, and not long siuce
employed several clerks, and is now
working or commencing work on the
map. But recently Gov. Bullock has ap
pointed another, Mr. James H. Burns,
Keeper of the Public Grounds at the Capi
tol, or Atlanta (Query—What Capitol
grounds has the S a'e at Atlanta?) and
thereupon a resolution has been intro
duced in the Legislature to inquire into
the tenure by which Col. Frobei holds his
office. And so we go. The State, in the
opinion of our informant, would do ten
thousand times more good, were she to
give the Orphans’ Home in our city the
money thus expended on this map and
forthepiy of these Superintendents of
Public Buildings at Atlanta. This is the
first time we ever heard of a State Gov
ernment going into the map-making busi
ness. Heretofore individuals have antici
pated the public wants iu this matter and
supplied them at $-5 or $lO for each map.
Georgia Legislature. —Among the
noticeable features of the proceedings of
our Legislature on Friday is the defeat of
two bills which should have passed, viz :
The bill to create the office of State Geo
logist, and a bill appropriating money for
the burial of the Confederate dead. The
former was recommended of an enlight
ened regard for the agricultural progress
of the State, and the latter by considera
tions of humanity. A majority of the
Legislature seem stangers to both.
[Savannah Republican , 31s/.
We hardly endorse the severe language
of our cotemporary, but we do think, and
say frankly, that if the latter named bill
was defeated on the score of economy, re
trenchment, etc., the people whose sons
and brothers are thus denied decent burial
have a right to demand that the men who
refuse it on such ground show their faith
by other work. Let them reduce their
pay and discharge a score or more of the
idlers who hang around the Capitol doing
nothing and drawing $9 per diem there
for. Then, probably, they would be able
to doju9tice to the dead.
—ln a riot between negroes and white
men on Friday, in Brooklyn, one white
man was mortally wounded.
DECISIONS OF THE SI PR KM K COURT.
Delivered at Atlanta. Tuesday, January M, 1569.
Woodward, plaintiff in error, vs. Gates,
et al. Equity—From Meriwether Judg
ment of the court below reversed and a
new trial grant and, and the court below di
rected to conform to the folio ; ing legal
instructions on the trial :
1. In an action for waste a witness shall
state facts, and while he may give ins
opinion, accompanied by tiie facts upon
which it is predicated, as to Lite number
of acres from which tho timber has been
cut, the value of the land before and after
it was cut, tiie whole number of acres in
the tract, the proportioned in timbered
land, and the like, it error in the court
to permit him to give in evidence hi 9
opinion that the estate of the remainder
man has been damaged a certain amount
by the acts of the defeudaut. It is the
province of the jury to draw, from the
facts stated, their own conclusion as to the
amount of damage, if any, sustained by
tbe plaintiff.
2 If a complainaut in a bill in equity
intends to waive the answer of the defend
ant uuder oath, he must so state distinctly,
she statement that he is able to prove the
allegations in his bill, without the answer
of the defeudaut, is not a compliance with
the Code.
3. If complainant waives an answer un
der oath, the answer filed is not evidence.
Jt may be used, however, as an ad missiou of
record, and complaiuaut is not bound to
prove any fact admitted. But when so
used, the admissiou must be taken toge her
witli any qualification or explanation ac
companying it.
4. she Statute of Gloucester was not of
force in Georgia prior to the adoption of
the Code, aud it was error in tiie court to
iustruct the jury that they might find a
forfeiture of the life estate upon evidence
of acts, most, if not all, of which were
; done prior to that date. Tiie evideuee
upou which the forfeiture was claimed
should tiave been confined to acts of Waste
since the Ist January, 1863.
5. The stringent rules of the English
law relative to waste were not applicable
to our couditiou, aud were not embraced
in our adopting statute. It is notalways
waste in this State for a tenant for life to
cut growing timber, or clear lands. Regard
must be had to the condition of the prem
ises; aud the proper question for tiie jury
to decide, uuder the instruction of the
court, will be—did good husbandry require
the felling of trees, aud were the acts such
as a judicious, prudent owner of the in
heritance would have committed ?
Campbell, plaintiff in error, vs. Miller—
Equity from Heury.—Judgment reversed,
on tbe ground that the court erred in
various rulings on the trial; and tliata new
tria! be granted under tbe following in
structions :
1. The marriage settlement in this ease
was a contract between tiie parties, intend
ing marriage and tiie trustee, which
vested a life estate in I lie $2,000 of notes,
in Mrs. Miller, with remainder in her
children, who are named after her death.
2. A trustee in possession of tiie trust
property is only bound to ordinary dili
gence in its preservation and protection.
3. If the trust property consist of prom
issory notes, the trustee may receive pay
ment of tiie notes when due, in such cur
rency as a prudent man would receive for
debts due him under similar circum
stances.
4. A trustee, who in good faith, receiv
ed Confederate Treasury notes in payment
of a note held in trust, under tiie act of
18th of April, 1863, acted under color of
law, and is protected by the act of 1866,
and tiie ordinances of the Conventions of
1865 aud 1868, and if he invested said
treasury notes without proper authority
or lost them by negligence, he will only
be liable for their value when received,
allowing him a reasonable time to rein
vest.
5. A trustee who held a promissory note
in trust prior to the adoption of tiie Code,
7sl January, 1863, if he acted in good faith,
had a right to receive payment in the
currency generally received by prudent
men in the transaction of their own busi
ness, and to reiuvest such currency in the
note of a person who was then entirely
solvent, and if by the results cf the war
the maker proved insolvent, the trustee is
not liable for the loss.
6. A trustee who received payment of a
note held in trust in the then currency,
before the adoption of the Code, and after
its adoption, invested it, other than in
the stocks, bonds or other securities issued
by the Htate, or other securities authoriz
ed by law, and without an order of Court,
did so at his own risk, aud is liable for the
value of tire currency received by him, to
he estimated at tlite time when it should I
have beeu reinvested ; allowing him a
reasonable time after its receipt to obtain
the order and reiuvest the lund.
7. If the trustee ebaugesthe investment
| with the consent of the ccslue que trust
who is of legal age, he is not liable for
any loss growing out of such new invest
ment. • j
8. The Court erred in refusing to allow j
the trustee to prove that any investment
made by him, or auyelmngeof the invest
merit prior to Ist January, 1863, was a j
prudent investment.
9. Counsel having asked tiie Court to
give his charge to the jury it writing it
was his duty to do so, and he should have
read it to the jury as written without any
additions or verbal explan •tious.
10. Jf counsel in writing, request the
Court to give certain charges to the jury,
such written request must be upon a point
applicable to the facts in the case, aud
must not assume that to have been proven
which is not in proof, and must as written
out by counsel be correct law. or the Court
is not bound to notice it. Jf, however, tiie
Court thinks proper to give tiie point in
charge with modifications he may do so,
and such modifications need not be in
writing, but the whole taken together as
given by tiie Court, must be correct.
Battle vs. Battle—Rule against .Sheriff
from Warren.—Judgment affirmed.
Kimbrough vs. Worrill—Complaint
from Sumter.—Judgment reversed, on the
ground that the Court erred in holding
that the c insideration of tiie debt sued on
was a slave fIV slaves.
Russell, plaintiff in error, vs. Slaton—
Equity from Fayette—Judgment affirmed.
Harper & Ammons vs. Lemon, Execu
tor, &c. —Complaint from Fayette.—Judg
ment reversed on the ground that the
Court erred in holding that his charge to
the jury was incorrect, as to the extent of
the authority, granted by the permission
to let the daughter have whatever she
wanted.
McKibbon v-. Folds—Dower from Butts.
Judgment reversed on theground that the
court erred in charging the jury that they
ought not to consider the value of the im
provements on the dower laud, outside of
the dwelling, and itscurtiiage, unless they
were of considerable value, such as a two
story house, etc.
Dunnegan vs. Dunnegan, et al.—As
sumpsit from Hal*.—Judgment aflirmed.
Wallace, Superintendent, etc., plaintiff
in error, vs. Cannon—Case from Fulton.
Judgment reversed on theground that the
court below erred in not allowing the de
fendant to prove the agreement between
the counsel of the parties iu relation tothe
certiorari of the case from the County-
Court, as set forth in the record.
Henderson, plaintiff in error, vs. Mer
rett—Debt, from Henry.—Judgment re
versed on theground that the court below
erred in its charge to the jury in view of
the facts contained in the record in rela
tion to the illegal acts of the parties. It
being the opinion, and tire judgment of
this court, that the court below should
have charged the jury, that if they be
lieved from the evidence that at the time
Cannon was killed by the collision of the
railroad trains, that the railroad company
and the employes of that company, (in
cluding Cannon as well as the other em
ployes whose negligence caused the inju
ry), were voluntarily engaged in the trans
portation of Confederate soldiers over the
road for the purpose of making war upon
theGovernmentoftheUnited (States, then
the plaintiff is not entitled to recover.
Kaufman, plaintiff in error, vs. Myers
and Marcus—Distress warrant from the
City Court of Augusta. Judgment af
firmed.
Cutts and Johnson and Stewart, plain
tiffs in error, vs. Hardee. Judgment re
versed, on theground that the Court erred
in sustaining the demurrer and striking
out the plea.
This judgement sustained the constitu
tionality of the relief law passed by the
Legislature at its last session.
From the opinion of the Court in this
ease Judge warner dissents.
The last case from the Western Circuit
was reached and partly argued this even
ing.
Messrs. Henry W. Cowles, Jasper N.
Dorsey, and Charles E. Broyles, Solicitor
General Cherokee Circuit, were this dav
admitted to the bar of this Court.
—Four negroes and a white man,
charged with the crime of stealing the'
body of a Col. Williams, from a tomb
about four miles from Kinston, X. C., were
taken from the jail of that place, Jast
week, and hung.
THE WEEKLY P RKIM ,
We fear very few people app rec - .
county papers as they deserve m '•
in many cases they do not, or the*
would do better-would be more !
Ing, and therefore better able t<, , Uf '
scribers their money’s worth 14
them, however, are cruel caric^ l ,!' 1 "
the very name. They are
paper hardly fit for a wrapp«. r J
that only mdn strength or e r ,. f: *
luck can force into rep-ating p 3 l *
on the paper, and with inku ,’ ~
stitueut parts seem to be of
except what enters into the C os V
of the real article. It i s a , .
fact, too, that those sinning
giously in these respects are ;!
their complaints of hard time, .
of public spirit on the p .rtof m '
of their county, and mosttocif
constant in their dissertati
importance of a generous patron*^
country press. It is rapidly '
mark of a paper’s just deserts • lo *‘
slant bagging and whining ,
Thosa that really merit pat'oi
their appeal by tiie matter and n '
their couteuts. by tiie taste -
aud energy there
content to rest their claims
basis, and they rarely reckon T
their host. They do what they r .
and give their subscribers, as lio!,'.
possibly, full value received.
Now to our thinking there are tot -
newspapers in Georgia, aud p
is one great reason why so rn,’
amenable to the criticisms we hr..
It is too much the fashion for an
has failed at every tin ug el.-e t. >nr
pick up a few pounds of type
for a few’ quires of paper and
of iuk, and on the strength of j
legal advertising for his county
prospectus promising all sorts of'i ;n
bilities, and bur t upon the commit
a blaze of bad ink and still worse -
aud grammar. The first editorial u...
ly on some knotty subject, that theoiT
and wisest hands at the business h, .
to tackle, aud is conclusive—of the •
of the writer’s ears—ouly. The tv "
aud his venture wag on somehow m a .
of hand-to-mouth fashion, be.ging S r
borrowing, and taking work at rim
low rates, until at last credit bte.it>
and the paper suspends publnmio;, -
editor taking a parting shot at his and. t • -.
aud creditors iu an unusually lot-j
loud howl over their lack of appnrw,.
and public spirit. Every man fam
with the history of newspaper* ktn
these to be indisputable facts.
Aud yet there is not the slightest Dn*
sity for such wrecks. Thecountry |«u,
are a powerful auxiliary to their thi
cotemporaries. They exercise a vmt .
flueuce upon public sentiment iu ite
respective localities, if even respect,;
conducted, and are the means of diftW.
a taste for reading and a fund of n form*,
tion not derivable from any other sour*
They penetrate where the dailies and no
and probably never will go, and are it,
only mediums between tbe great »
without, and communities that think,u
whose action, as guided and developed o
their teachings, often decides most iuip
tant questions. They are ofteu iu •
potent than the primer and these:
master iu leading from darkness u>U
aud planting iu minds glowing with tt
first impulses of new horn ambition,
that hear glorious harvests. They hut
by the light of pine-knot tires, poiutaiw.
the path to feet whose steps have ill*
trated fame’s proudest places. They tv
made poets, statesmen aud orators, »t
rtscued from obscurity jewels wins
light filled tiie world. Hindi is their pa
honorable record. We are optimist em.wt
to believe that tho future will not i.*-
credit it.
A few words now as to what
the principal defect in most of ourwwkl;
exchanges, and we have done. It is tbi-
Too little attention to local affairs. Ver;
j frequently ttiey ignore as unworthy
j public concern, occurrences which posweo
! au interest to the geueral reader every
where. We suppose it arises partly froc
the thought that as everybody in the i"
mediate neighborhood knows them, th-y
must therefore not be worth tbe telling:
outsiders. But life is made up of “ft.
things, aud so strong is the love forg v
iu men’s hearts, that they eagerly -
upon details concerning men audtlnu
living most remotely from them, a:
whom they probably never have L-v
before. Ofteu facts are developed m
important in tiieir beating upou g*
questions of political, social and it
trial economy, and which if not thusiu
public would never be known. A *
lines in tiie local column of aCM
paper often furnishes texts for learnedd*
cussion and scientific speculation, m
ends in furnishing some link *
otherwise might always been missing *'
have, in our mind, now, country p*p*
from whose local summary something
interest may always be gathered;
where the scissors are never called ini
quisition. The former are always m
welcomed—the latter oqjy mechanic...
If the country press would lift it»e. ' -
this duil, dead level, let it pay more ac
tion to matters of home concern and mi
borhood gossip. Let nothing note"
escape its chronicling as of too
moment. Let it talk more of crop; *-
less of politics, more of premium
cotton, w heat ami stock, aud le»sofn->-
borhood politicians. Let it be, in si
veritable map of tbe busy world wlf '
it lives, and its future of usefulness
profit is secured beyond peradveuturt
SOUTHERN STOCKS IN NEW VORh
The Herald, of Thursday, * a ) B
Southern and border State bon<l=
dull, under a diminished inquiC
day before, and the market was h
to yield ; indeed, the reaction
menced at the beginiug of tbe
not ceased. It shows how exterH'-
iate demand was speculative. Those *
“unloaded” at the high price* ,J
--week are “bearing” the market '
buy back again. There was little <i'
the street after tbe hoard*. Tbe __
tng were the quotations at four !iL ' ‘
Tennessee sixes, ex-coupon, t 0
Tennessee, new, 671 io 67:;; \ irgif*^
ex-coupon, 58j to 581; Virginia* x
60 to 61 ; Virginia sixes, regular -b ■- a
49J to 50£ ; Norlh Carolina, sixes, 1
pon, 63J to 65 ; North Carolina sixes.
611 to 02j ; Missouri sixes, 87 to 8<!
nibal aDd St. Joseph 8< to 88, 9
sixes, 84 to 87; Georgia sevens, -
Louisiana sixes, 761; Louisians (
per cent, 701 to 71; Louisiana lev*;.
8 per cent, 87 ; South Carolina, o.-
74; South Carolina, new, 7<L to <
bama eights, 93 to 93j; Alabama ■
to 66 ; Memphis city sixes, 52’ to o-,
vannah city sixes, 89.
*"*’* , —Tbe 8“
Stock Sales in Colombia
of Sunday, says:
At the Ellises’ auction sal
the following prices were real
shares Georgia Home in* 50
(par value S7O)— 50 shares "
$65 50; 15 at $66 50. Ra jjro»<i >
Two $.500 Mobile and O.rar.ll
per cent, bonds (unendowed; 87
the dollar viwern
Four shares South-'' dirt
stock, seller reserving,fir
dend, brought $lO3 V f^nd
Twenty-thiee shares Lapl l)t slo 9 pt-
Manufacturing stock b <=
‘“Sne hundred a.™ pH*
Railroad stock, old issue
share; 40 at "5* Lightst°*
Twenty shares Columbus '
$25 shares, brought s2o o 0 pe